Lex Rex, Question 7
QUEST. VII. Whether or no the P. Prelate the aforesaid Author doth by force of reason evince, that neither constitution nor designation of the King is from the people?
THe P. Prelate aymeth (but it is an empty ayme) to prove that the people are wholly excluded. I answer only Arguments not pitched on before, as the Prelate saith.
P. Prelate. 1. To whom can it be more proper to give the rule over men, then to him who is the onelyonly King truely and properly of the whole world? 2. God is the immediate Author of all rule and power that is amongst all his creatures, above or below. 3. Man before the fall received dominion, and empire over all the creatures below immediatly, as Gen. 1.28. Gen. 9.2. ergo we cannot deny that the most noble government (to wit Monarchy) must be immediatly from God, without any Contract or compact of men. Ans. The first reason concludeth not what is in question; for God only giveth rule and power to one man over another; ergo he giveth it immediatly, it followeth not. 2. It shall as well prove that God doth immediatly constitute all Iudges, and therefore it shall be unlawfull for a city to appoint a Major, or a shire a Iustice of peace. 3. The second argument is inconsequent also, because God in creation is the immediat Author of all things,The excellency of Kings maketh them not of Gods only constitution and designation. and therefore without consent of the creatures, or any act of the creature, created an Angell a nobler creature then man, and a man then a woman, and men above beasts; because those that are not, can exercise no act at all. But it followeth not; ergo all the workes of providence, such as is the government of Kingdomes are done immediatly by God, for in the workes of providence, for the most part in ordinary, God worketh by meanes; it is then as good a consequence as this. God immediatly created man, ergo he keepeth his life immediatly also without foode and sleepe. God immediatly created the Sunne, ergo God immediatly without the mediation of the Sunne giveth light to the world. The making of a King is an act of reason, and God hath given a man reason to rule himselfe; and therefore hath given to a society an instinct of reason, to appoint a governour over themselves, but no act of reason goeth before man be created; ergo it is not in his power whether he be created a creature of greater power then a beast or no. 4. God by creation gave power to a man over the creatures, and so immediatly; but I hope a man cannot say, God by creation hath made a man King over men. 5. The Excellency of Monarchy (if it be excellenter then any other government, of which hereafter) is no ground why it should be immediatly from God, as well as mans dominion over the creature; for then the worke of mans redemption being more excellent then the raysing of Lazarus, should have been done immediatly without the incarnation, death and satisfaction of Christ (for no act of God without himselfe is comparable to the worke of redemption, 1 Pet. 1.11, 12. Col. 1.18, 19, 20, 21, 22.) and Gods lesse excellent workes, as his creating of beasts and wormes should have been done mediatly, and his creating of man immediatly.
P. P. They who execute the judgement of God, must needs have the power to judge from God. But Kings are Deputies in the exercises of the Iudgements of God, ergo, the proposition is proved. How is it imaginable that God reconcileth the world by Ministers, and saveth man by them, 1 Cor. 5. 1 Tim. 4.16. except they receive a power so to doe from God? the assumption is, Deut. 1.17. 1 Chro. 19.6. Let none say Moses and Iehosaphat speake of inferiour Iudges, for that which the King doth to others, he doth by himselfe; also 5. The execution of the Kingly power is from God, for the King is the Servant, Angell, Legat, Minister of God, Rom. 13.6, 7. God properly and primarily is King, and King of Kings and Lord of Lords, 1 Tim. 6.15. Rev. 1.5.21.27.29.20. all Kings related to him, are Kings equivocally, and in resemblance, and he the only King. Ans. That which is in question is never concluded; to wit, that the King is both immediatly constituted and d…signed King, by God onelyonly, and not by the mediation of the people; for when God reconcileth and saveth men by Pastors, he saveth them by the intervening action of men, so he scourgeth his people by men, as by his sword, Psal. 17.14. and hand, staffe, and rod, Esay 10.5. his hammer. Doth it follow that God onelyonly doth immediatly scourge his people, and that wicked men have no more hand and action in scourging his people, then the Prelate saith the people h…ve an hand in making a King? and that is no hand at all, by the Prelates way.
2. We may borrow the Prelates argument: inferiour Iudges execute the judgement of the Lord, and not the judgement of the King; ergo, by the Prelates argument, God doth only by immediate power execute judgement in them, and the inferiour Iudges are not Gods ministers executing the judgement of the Lord. But the Conclusion is against all truth, and so must the Prelates argument be. And that inferiour Iudges are the immediate substitutes and deputies of God, is hence proved, and shall be hereafter made good, if God will. 3. God is properly King of Kings, so is God properly causa causarum, the cause of causes, the life of lifes, the joy of joyes. What, shall it then follow, that he worketh nothing in the creatures by their mediation, as causes? Because God is light of lights, doth he not enlighten the earth and aire by the mediation of the Sun? then God communicateth not life mediately by generation, he causeth not his Saints to rejoyce with joy unspeakable and glorious, by the intervening mediation of the Word. These are vaine consequences. Soueraignty, and all power and virtue is in God infinitely: And what vertue and power of action is in the creatures, as they are compared with God, are in the creatures equivocally and in resemblance, and foreign in opinion, rather then really. Hence it must follow, 1. that second causes worke none at all, no more then the people hath a hand or action in making the King, and that is no hand at all, as the Prelate saith, And God only and immediately worketh all workes in the creatures, because both the power of working and actuall working commeth from God, and the creatures in all their working, are Gods instruments: and if the Prelate argue so frequently from power given of God, to prove that actuall reigning is from God immediately, Deut. 8.18. The Lord giveth the power, to get wealth: will it follow that Israel getteth no riches at all, or that God doth not mediately by them and their industrie get them? I thinke not.
P. Prelate. 6 To whom can it be due to give the Kingly office, but to him only who is able to give the indument and abilitie for the office? now God only and immediately giveth abilitie to be a King, as the Sacramentall anointing proveth, Josh 3.10. Othniel is the first Judge after Joshua; and it is said, And the Spirit of the Lord came upon him, and and he judged Israel; the like is said of Saul and David. Ans. God gave royall indowments immediatly, ergo he immediatly now maketh the King. It followeth not, for the species of government is not that which formally constituteth a King, for then Nero, Caligula, Iulian should not have been Kings, and those who come to the Crowne by conquest and blood, are essentially Kings, as the Prelate saith; but be all these Othniels, upon whom the spirit of the Lord commeth? then they are not essentially Kings who are babes and children, and foolish and destitute of the royall endowments, but it is one thing to have a royall gift, and another thing to be formally called to the Kingdome, David had royall gifts after Samuel anoynted him, but if you make him King, before Sauls death, Saul was both a traytor all the time that he persecuted David, and so no King, and also King and Gods anoynted, as David acknowledgeth him; and therefore that spirit that came on David, and Saul, maketh nothing against the peoples election of a King, as the Spirit of God is given to Pastors under the new Testament, as Christ promised; but it will not follow that the designation of the man who is to be Pastor, should not be from the Church and from men, as the Prelate denyeth that either the constitution or designation of the King is from the people, but from God onelyonly. 2. I beleeve the infusion of the spirit of God upon the Iudges will not prove that Kings are now both constituted and designed of God solely, onelyonly, and immediatly; for the Iudges were indeed immediatly and for the most part extraordinarily raised up of God, and God indeed in the time of the Iewes was the King of Israel in another manner then he was the King of all the nations, and is the King of Christian Realmes now, and therefore the peoples despising of Samuel, was a refusing that God should reigne over them, because God in the Iudges revealed himselfe even in matters of Policy, as what should be done to the man that gathered sticks on the Sabbath day, and the like, as he doth not now to Kings.
P. Prelate. Soveraigntie is a ray of divine glory and majestie… but this cannot be found in people, whether you consider them joyntly, or singly; if you consider them singly, it cannot be in every individuall man; for Sectaries say, That all are born equall with a like freedom: and if it be not in the people singly, it cannot be in them joyntly; for all the contribution in this compact and contract which they fancie to be humane composition, and voluntary constitution, is onelyonly, by a surrender of the native right that every one had in himself; from whence then can this majestie and authoritie be derived? Again, where the obligation amongst equals is by contract and compact, violation of the faith, plighted in the contract, cannot in proper termes, be called disobedience, or contempt of authoritie: it is no more but a receding from, and a violation of that which was promised, as it may be in States or Counties confederate. Nature, reason, conscience, scripture, teach, That disobedience to Soveraign power is not onelyonly a violation of Truth, breach of Covenant, but also high disobedience and contempt, as is clear, 1 Sam. 10.26. So when Saul, Chap. 11. sent a yoak of Oxen, hewed in pieces, to all the Tribes, the fear of the Lord fell on the people, and they came out with one consent, 1 Sam. 11.17. so Job 11.18. He looseth the bonds of Kings, that is, he looseth their authoritie, and bringeth them in contempt; and he girdeth there loyns with a girdle, that is, he strengthneth their authoritie, and maketh the people to reverence them. Heathens observe, that there foreign some divine thing in Kings. Prophane Histories say, that this was so eminent in Alexander the great, that it was a terrour to his enemies, and a powerfull Loadstone to draw men to compose the most seditious Counsels, and cause his most experienced Commanders, embrace, and obey his counsel, and command. Some stories write, that upon some great exigence, there was some resplendent majesti… in the eyes of Scipio. This kept Pharaoh from lifting his hand against Moses, who charged him so boldly with his sins. When Moses did speak with God, face to face in the Mount, this resplendent glory of Majestie so awed the people, that they durst not behold his glory, Exod. 34. This repressed the fury of the people enraged against Gideon from destroying their idol, Judg. 6. And the fear of man is naturally upon all living creatures below, Gen. 9. So what can this reverence, which is innate in the hearts of all subjects toward their Soveraigns be, but the Ordinance unrepealable of God, and the naturall effect of that majestie of Princes, with which they are endowed with from above?
Antonin. de dominis Archiepis. de dom. l. 6. c. 2. n. 5, 6. seq.Ans. 1. I never heard any shadow of reason while now, and yet (because the lie hath a latitude) here is but a shadow, which the Prelate stole from M. Antonius de Dominis Archiepisc. Spalatensis, and I may say confidently, this Plagiarius hath not one line in his booke which is not stollen; and for the present Spalato his argument is but spilt, and the nerves cut from it, while it is both bleeding and lamed. Let the Reader compare them, and I pawn my credit he hath ignorantly clipped Spalato: But I answer, 1. Soveraigntie is a beam and ray (as Spalato saith) of divine majestie, and is not either formally or virtually in the people. So he. It is false, that it is not virtually in the people: for there be two things in the Iudge, either inferior or supream (for the argument holdeth in the majestie of a Parliament, as we shall hear) 1. The gift or grace of Governing (the Arminian Prelate will offend at this.) 2. The Authority of governing: 1. The gift is supernaturall, and is not in man naturally, and so not in the King; for he is physically but a mortall man, and this is a gift received; for Salomon asked it by prayer from God. There is a capacitie passive in all individuall men for it: as for the officiall authoritie it self, it is virtually in all, in whom any of Gods image is remaining, since the fall, as is clear; as may be gathered from, Gen. 1.28. yea, the Father, the Master, the Judge, have it by Gods institution in some measure, over son, servant, and subject, though it be more in the supreme Ruler: and for our purpose, it is not requisite that authoritative majestie should be in all. (What is in the Father and Husband, I hope to clear) I mean, it needeth not to be formally in all, and so all are born alike and equall: But he who is a Papist, a Socinian, an Arminian, and therefore delivered to Satan by his mother Church, must be the Sectarie, for we are where this Prelate left us, maintainers of the Protestant Religion, continued in the Confession of Faith, and Nationall Covenant of Scotland, when this Demas forsook us, and embraced the World. 2. Though not on single man in Israel be a Judge, or King by nature, nor have in them formally any ray of Royaltie, or of Magistraticall Authoritie; yet it followeth not, that Israel Parliamentarily convened, hath no such authoritie, as to make Saul King in Mizpah, and David King in Hebron, 1 Sam. 10.24, 25.How Soveraigntie is in the people, and how not. 1 Chro. 11.1, 2. Chap. 12.38, 39. One man alone hath not the Keyes of the Kingdom of Heaven, (as the Prelate dreameth) But it followeth not, that many convened in a Church way, hath not this power, Matth. 18.17. 1 Cor. 5.1, 2, 3, 4. One man hath not strength to fight against an Army of ten thousand: doth it follow? Ergo, An Army of twenty thousand hath not strength to fight against these ten thousand: So one Paul cannot Synodically determine the question, Acts 15. It followeth not; Ergo, The Apostles, and Elders, and Brethren, convened from divers Churches, hath not power to determine it in a lawfull Synod: And therefore, from a disjoyned and scattered power, no man can argue to a united power: So not any one man is an inferiour Ruler, or hath the rayes and beams of a number of Aristocraticall Rulers: but it followeth not. Ergo, All these men combined in a Citie, or Societie, have not power in a joynt Politicall body, to chose Inferiour or Aristocraticall Rulers. 3. The P. Prelates reason is nothing. All the Contribution (saith he) in the compact body to make a King, is onelyonly by a surrender of the native right of every single man, (the whole being onelyonly a voluntary constitution.) How then can there be any majestie derived from them? I answer. Very well. For the surrender is so voluntary, that it is also naturall, and founded on the Law of nature, That men must have Governours, either many, or one supreme Ruler: And it is voluntary, and dependeth on a positive institution of God, Whether the Government be by one supreme Ruler, as in a Monarchie, or in many, as in an Aristocracie, according as the necessitie and temper of the Common-wealth do most require. This Constitution is so voluntary, as it hath below it, the Law of nature for its generall foundation; and above it, the supervenient institution of God, ordaining, That there should be such Magistrates, both Kings, and other Iudges, because without such, all humane societies should be dissolved.A Community doth not surrender their right and libertie to their Rulers, so much as their power active to do, and passive to suffer unjust violence. 4. Individuall persons in creating a Magistrate, doth not properly surrender their right, which can be called a right; for they do but surrender their power of doing violence to these of their fellows in that same Communitie; so as they shall not now have Morall power to do injuries without punishment; and this is not right or libertie properly, but servitude: for a power to do violence and injuries, is not liberty, but serv…tude and bondage. But the Prelate talketh of Royaltie, as of meer Tyranny, as if it were a proper Dominion, and servile Empire, that the Prince hath over his people, and not more paternall and fatherly, then lordly, or masterly. 5. He saith, Violation of faith plighted in a contract amongst equals, cannot be called disobedience, but disobedience to the authoritie of the Soveraign is not onelyonly breach of Covenant, but high disobedience and contempt. But violation of faith amongst equals, as equals, is not properly disobedience; for disobedience is betwixt a superiour and an inferiour: but violation of faith amongst equals, when they make one of their equals their Iudge and Ruler, is not onelyonly violation of truth, but also disobedience. All Israel and Saul while he is a private man seeking his fathers Asses, are equals by Covenant obliged one to another; and so any injury done by Israel to Saul in that case, is not disobedience, but onelyonly violation of faith; but when all Israel maketh Saul their King, and sweareth to him obedience, he is not now their equall, and an injury done to him now, is both a violation of their faith, and high disobedience also. Suppose a Citie of Aldermen, all equall amongst themselves indignitie and place, take one of their number, and make him their Major and Provost; a wrong done to him now, is not onelyonly against the rules of fraternitie, but disobedience to one placed by God in authoritie over them. 6. 1 Sam. 11.7. The fear of the Lord fell on the people, and they came out with one consent to obey Saul. Ergo, God hath placed authority in Kings, which is not in people: It is true, because God hath transferred the scattered authorities that are in all the people, in one Masse; and by vertue of his own Ordinance, hath placed them in one man who is King. What followeth? Ergo, God conferreth this authoritie immediately upon the King, without the mediation of any action of the people; yea, the contrary rather followeth. 7. God looseth the bond of Kings; that is,Gods losing of the bond of Kings, by the mediation of the peoples dispising him, proveth against P. P. that the Lord taketh and giveth Royall Majesty mediately. when God is to cast off Kings, he causeth them to lose all authoritie, and maketh them come in contempt with the people. But what doth this prove? That God taketh away the majestie and authority of Kings Immediately; And therefore God gave to Kings this authoritie Immediately, without the peoples conveiance? Yea, I take the Prelates weapon from him. God doth not take the authority of the King from him immediately, but mediately by the people their hating and dispising him, when they see his wickednesse, as the people see Nero a Monster, a prodigeous blood-sucker; upon this, all the people contemn him, and dispise him, and so the majesty is taken from Nero, and all his Mandates and Laws, when they see him trample upon all Laws divine and humane; and that mediately by the peoples heart, dispising of his majestie, and so they repeat and take again that aw-some authoritie, that they once gave him: And this proveth, that God gave him the authoritie mediately, by the consent of man. 8. Nor speaketh he of Kings onelyonly, but Vers. 21. He powreth contempt foreign super munificos. Pineda. Aria. Mont. super Principes. Upon Nobles and great men. And this place may prove, That no Iudges of the earth are made by men. 9. The Heathen say, That there is some divinity in Princes, as in Alexander the great, toward his enemies, and Scipio: But this will prove, That Princes and Kings have a Superiority over those who are not their native Subjects; for something of God is in them, in relation to all men, that are not their Subjects. If this be a ground, strong and good, because God onelyonly, and independently from men, taketh away this majestie; as God onelyonly, and independently giveth it, then a King is sacred to all men, subjects, or not subjects; then it is unlawfull to make war against any forraign King and Prince, for in invading him, or resisting him, you resist that divine majestie of God, that is in him; then you may not lawfully flee from a tyrant, no more then you may lawfully flie from God. 10. Scipio was not a King. Ergo, This divine majestie is in all Iudges of the earth, in a more or lesse measure. Ergo, God onelyonly and immediately, may take this spark of divine majestie from inferiour Iudges: It followeth not. And Kings certainly cannot infuse any sparkle of a divine majestie, on any inferiour Iudges; for God onelyonly, immediately infuseth it in men. Ergo, It is unlawfull for Kings to take this divinitie from Iudges, for they resist God, who resist Parliaments, no lesse then those who resist Kings. Scipio hath divinity in him, as well as Cesar, and that immediately from God, and not from any King. 10. Moses was not a King when he went to Pharaoh, for he had not as yet a people; Pharaoh was the King, and because Pharaoh was a King, the Divines of Oxford must say, His Majestie must not, in words of rebuke, be resisted, more then by deeds. 11. Moses his face did shine as a Prophet receiving the Law from God, not as a King: and is this Sunshine of Heaven upon the face of Nero, and Julian? It must be, if it be a beam of Royall Majestie, if this pratler say right, but 2 Cor. 3.7. this was a majestie typicall, which did adumbrate the glory of the Law of God, and is far from being a royaltie due to all Heathen Kings. 12. I would our King would evidence such a Majestie in breaking the Images and Idols of his Queen, and of Papists about him. 13. The fear of Noah, and the regenerated, who are in Covenant with the Beasts of the field, Job 5.23. is upon the Beasts of the earth, not by any approbation only, as the people maketh Kings, by the Prelates way; nor yet by free consent, as the people freely transfer their power to him, who is King. The creatures inferiour to man, have by no act of freewill, chosen man to be their Ruler, and transferred their power to him, because they are by nature inferiour to man, and God by nature hath subjected the creatures to man,The subordination of creatures naturall, not voluntary as is the subordination of people to Kings and Rulers. Gen. 1.28. and so this proveth not, that the King by nature is above the people, I mean the man who is King; and therefore though God had planted in the hearts of all subjects, a fear and reverence toward the King; upon supposall, that they have made him King: It followeth not, That this authoritie and majestie, is immediately given by God to the man who is King, without the interveening consent of the people; for there is a native feare in the Scholler to stand in awe of his Teacher, and yet the Scholler may willingly give himselfe to be a disciple to his Teacher, and so give his Teacher power over him. Citizens naturally feare their supreame Governour of the City, yet they give to the man who is their supream Governour, that power and Authority which is the ground of awe and reverence. A Servant naturally feareth his Master, yet often he giveth his liberty, and resigneth it up voluntarily to his Master, and this was not unordinary amongst the Iewes, where the servant did intirely love the Master, and is most ordinary now when servants doe for hyre, tye themselves to such a Master; and Souldiers naturally feare their Commanders, yet they may, and often doe, by voluntary consent make such men their Commanders; and therefore from this it followeth no way, that the Governour of a City, the Teacher, the Master, the Commander in War have not their power and authority only and immediatly from God, but from their inferiours, who by their free consent appointed them for such places.
P. Prelate. This seemeth, or rather is an unanswerable Argument, No man hath power of life and death, 7. Arg. pag. 51.52. The place Gen. 9.5. He that sheddeth mans blood, &c.but the Soveraign Power of life and death; to wit God, Gen. 9.5. God saith thrice he will require the blood of man at the hands of man, and this power God hath committed to Gods Deputy, who so sheddeth mans blood foreign by man shall die, by the King, for the world knew not any kind of goverment at this time, but Monarchiall; and this Monarch was Noah; and if this power be from God, why not all soveraigne power? seeing it is Homogeneous, and as Iurists say in indivisibili posita, a thing in its nature indivisible, and that cannot be distracted, or impaired, and if every man had the power of life and death, God should not be the God of Order.
The P. Prelate taketh the paines to prove out of the text that a Magistracy is established in the text. Ans. 1. Let us consider this unanswerable Argument, 1. It is grounded upon a lye, and a conjecture never taught by any but himselfe; to wit, that foreign by, or in, or through man, must signifie a Magistrate. 2. and a King onelyonly. 3. This King was Noah, never interpreter; nay not common sence can say, that no Magistrate is here understood but a King; the consequence is vaine, his blood shall be shed by man, ergo by a Magistrate, it followeth not, ergo by a King, it followeth not: there was not a King in the world yet as; some make Belus the father of Ninus the first King, and the builder of Babylon, this Ninus is thought the first builder of the City, after called Ninivie, and the first King of the Assyrians, so saith (a)Quint. Curtius, l. 5.Quintus Curtius ▪ and others; but grave Authors beleeve that Nimrod was no other then Belus the father of Ninus, so saith (b)Aug. de civ. Dei, l. 16. c. 17.Augustin, (c)Euseb. in exo. Cronic.Hierome, (d)Hieron. in c. 2. Hos.Eusebius, (e)Euseb. l. 9. de prepar. Evan. c. 3.Hieronym. And (f)Clemens recog. l. 4.Eusebius maketh him the first founder of Babylon: So saith (g)Pirerius in Gen. c. 10. v. 8, 9. disp. 3. n. 67. Illud quoque mihi fit percredibile, Nimrod fuisse eundem, at que enim quem alia appellant Belum patre… Ni…i.Clemens, (i)Euseb. prolog l. 1. Chron.Pirerius; and Iosephus saith the same. 1. their times, 2. their cruell natures are the same. (k)Paul Orosius. l. 1. de Ormesta mundi.Calvin saith, Noah yet lived while Nimrod lived: and the Scripture saith, Nimrod began to reigne, and be powerfull on the Earth. And Babel was foreign the beginning of his kingdome. No writer, Moses nor any other can shew us a King before Nimrod. So (l)Hieron. in traditio Hebrei in Gen.Eusebius, (m)Tostat. Abulensan Gen. c. 10.9.6.Paul. Orosius, (n)Calvin com.Hieronym. (o)Iosephus in c. 10. Ge.Iosephus say that he was the first King. And (p)Luth. cò. ib.Tostatus Abulens. and our own (q)Musculus.(q)Calv. com. Quanquam hoc loco non simpliter fertur lex politica, ut plectantur homicidae.Calvin, (r)Ainsw. com.(r)Calv. in lect.Luther, (s)Mortar.Musculus on the place, and (t)Pirerius in Gen. ….9. v. 3, 4. n. 37. Vatablus hath divers interpretations; In homine, id est, in conspectu omnium & publicè, aut in homine, i.e. hominibus testificantibus, alii, in homine, i. e. propter hominem, quia occidit hominem, jussu magistratus. Cajetan expoundeth foreign contra hominem, in despight of man.Ainsworth, make him the first King, and the founder of Babylon. How Noah was a King, or there was any Monarchicall government in the world then, the Prelate hath alone dreamed it: There was but Familie-government before this. 2. And if there bee a Magistracie heere established by God, there is no warrant to say it is onelyonly a Monarchie: For if the Holy Ghost intendeth a policie: it is a policie to be established to the worlds end, and not to bee limited (as the P. Prelate doth) to Noahs dayes:(h)Calvin com. in c. 9. Gen. all Interpreters upon good ground establish the same policie that our Saviour speaketh of, when he saith, He shall perish by the sword, who taketh the sword, Matth. 26.52. So the Netherlands have no lawfull Magistrate, who have power of life and death, because their Government is Aristocraticall, and they have no King. So all acts of taking away the lives of ill-doers, shall be acts of homicide in Holland: how absurd? 3. Nor doe I see how the place in the native scope doth establish a Magistracie. (s)MortarCalvin saith not so: & Interpreters deduce by consequence the power of the Magistrate from this place. But the Text is generall: He who killeth man, shall be killed by man: either he shall fall into the Magistrates hand, or into the hand of some Murtherer: so Calvin, (t)Pirerius in Gen. ….9. v. 3, 4. n. 37. Vatablus hath divers interpretations; In homine, id est, in conspectu omnium & publicè, aut in homine, i. e. hominibus testificantibus, alii, in homine, i. e. propter hominem, quia occidit hominem, jussu magistratus. Cajetan expoundeth foreign contra hominem, in despight of man.Marlorat. And he speaketh (saith (w) Pirerius) not of the fact and event it selfe, but of the deserving of murtherers; and it's certaine, all murtherers fall not into the Magistrates hands; but he saith, by Gods and mans laws. Ergo, They ought to dye, though sometime one murtherer killeth another. 4. The Soveraign power is given to the King, ergo, it is given to him immediately without the consent of the people. It followeth not. 5. Power of life and death is not given to the King only, but also to other Magistrates, yea, and to a single private man in the just defence of his own life. Other arguments are but what the Prelate hath said already.